EULA - End User License Agreement
HelpBeam Terms of Service
READ CAREFULLY: BY CHECKING OFF THE "I ACCEPT THE TERMS OF SERVICE" CHECKBOX, UTILIZING THE HELPBEAM SERVICE, ACCESSING THE HELPBEAM.COM WEB SITE, USING THE HELPBEAM PROXY SOFTWARE, OR DOWNLOADING ANY CODE OR APPLICATIONS FROM HELPBEAM YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the HelpBeam service ("Service"). Your use of the Service is subject to these Terms of Service ("TOS"). This is a legal agreement ("Agreement") between You and HelpBeam ("HelpBeam") for use of the HelpBeam service ("Service"). "You" (or "Your") refers to any individual who agrees to the "I accept the Terms of Service" checkbox option on the Service homepage, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, do not select the Terms of Service checkbox and do not use the Service. HelpBeam reserves the right to update and change the TOS from time to time without notice or acceptance by You. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, You signify your irrevocable acceptance of this TOS.
The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. DESCRIPTION OF SERVICE.
The Service includes, and is limited to, a secure connection ("connection") between two computers in which one user ("Support Representative") controls the other user's computer ("Customer"), where the connection may be routed through one or more servers maintained by HelpBeam. The connection may also be routed through a computer/server maintained on Your premises.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from HelpBeam, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by HelpBeam for use in accessing the Service. HelpBeam will provide the Service in accordance with this Agreement. HelpBeam may at its sole discretion modify the features of the Service from time to time without prior notice.
2. PAYMENT TERMS
There is one method of paying for the Service: subscription fee ("Subscription"). This may be charged in one month, three month, six month or 12 month intervals. The available intervals are decided by HelpBeam and can change at any time without notice, prior or otherwise. There may also be a one week to 30 day free trial called the free trial ("Free Trial"). The duration of the free trial is entirely up to HelpBeam and can end at any time without notice, prior or otherwise.
There may also be a "Beta Test" period ("Beta Test"). During this time the Service is free of charge to users accepted into the Beta Test. HelpBeam reserves the right to refuse acceptance of any user for Beta Test. Beta Test can end at any time without notification by HelpBeam. When Beta Test has ended, users can use the subscription fee method to continue using the service.
No matter which method you choose, You agree that HelpBeam may charge to Your credit card, PayPal account, or other payment mechanism selected by You and approved by HelpBeam ("Your Account") all amounts due and owing for the Service. HelpBeam may change prices at any time without prior notice. You agree that in the event HelpBeam is unable to collect the fees owed to HelpBeam for the Service through Your Account, HelpBeam may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by HelpBeam in connection with such collection activity, including collection fees, court costs and attorneys' fees.
A. FREE TRIAL
A Free Trial from one day to 30 days. The duration is up to HelpBeam. During this period, You are entitled to a user name (Email) and password to access the HelpBeam.com web site. You can download and install the HelpBeam Proxy software on Your computer.
A Subscription allows you to use the Service via a monthly billing mechanism. With a Subscription, you may use the Service at any time. If you reveal your email address and the password you chose for use on the Service to another person they will also be able to use the Service, either concurrently or at another time, which will also be charged to your account.
If you have signed up for a Subscription, you will agree to a payment plan ("Payment Plan") that includes a recurring fee ("Recurring Fee"). Upon signing up, we will charge Your Account for one Monthly Fee which will be treated as a deposit. At the end of the period, HelpBeam can automatically charge to Your credit card, PayPal account, or other payment mechanism selected by You and approved by HelpBeam ("Your Account") for the amount due for the next period.
There are no refunds of any kind regardless when or if You cancel "Your Account" with HelpBeam. HelpBeam retains the right to refuse to continue Your subscription for any reason.
3. PROPRIETARY RIGHTS.
HelpBeam and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of HelpBeam's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service other than those freedoms granted by the GNU General Public License ("GPL") associated with the downloaded software portion of the Service.
HelpBeam is a Service Mark of HelpBeam.
4. EXPORT RESTRICTIONS.
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States . You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
5. INJUNCTIVE RELIEF.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to HelpBeam, its affiliates, suppliers and any other party authorized by HelpBeam to resell, distribute, or promote the Service ("Resellers"), and under such circumstances HelpBeam, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
There are no guarantees. You are solely responsible for maintaining the HelpBeam Proxy software on your premises. You are solely responsible for providing a constant internet connection for the HelpBeam Proxy software as well as the hardware required to run it. You are also responsible for maintaining security on Your own network. The quality of the end user's experience depends on 1) the quality of the machine hosting the HelpBeam Proxy 2)the quality and speed of the internet connection of the machine hosting the HelpBeam Proxy 3) the quality and speed of the internet connection of the Customer and Support Representative. HelpBeam is not responsible for any loss of service (or loss of quality of experience) due to problems with the HelpBeam Proxy software, the machine hosting the HelpBeam Proxy software, the machines of either the Customer or Support Representative or You, or the quality or speed of the any machines hosting or connecting to the HelpBeam web site (www.helpbeam.com) or the HelpBeam Proxy software. HelpBeam is not responsible for any security breaches or attacks on Your network or any of Your computers. HelpBeam is not responsible for any security breaches of any computer connecting to the HelpBeam web site (www.helpbeam.com) or the HelpBeam Proxy software.
7. NO WARRANTIES.
You understand and agree that the Service and Software is provided "as is" and HelpBeam, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Guarantee, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. HelpBeam, its affiliates, suppliers and Resellers make no warranty or representation, other than the Guarantee, regarding the results that may be obtained from the use of the Service, or that the Service will meet any user's requirements beyond the Guarantee. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use or performance of the Service remains with You. You agree to indemnify, defend and hold harmless HelpBeam, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Service, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, HelpBeam, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
8. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event will HelpBeam or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if HelpBeam, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, HelpBeam's, its affiliates', suppliers' and Resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
If You allow someone to control your computer using the Service, You are solely responsible to validate the identity of that person, and You are solely responsible for any actions they perform while controlling Your computer. You agree to indemnify and hold harmless HelpBeam for any damage done to your computer by the Support Representative while controlling your computer. In no event will HelpBeam or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) caused by the Support Representative while they were controlling your computer using the Service.
9. DOWNLOADABLE SOFTWARE LICENSED UNDER GNU GENERAL PUBLIC LICENSE.
When you use the Service you will download Support Representative software ("Support Representative Software") which is licensed under the terms of the GNU General Public License ("GPL"). The Support Representative Software that you download is free software; you can redistribute it and/or modify it under the terms of the GPL as published by the Free Software Foundation; either version 2 of the Licenses, or (at your option) any later version. The source code for all GPL Software is available on request from HelpBeam or from the HelpBeam website.
10.1 Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Texas, U.S.A., as applied to agreements entered into and to be performed in Texas by Texas residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Dallas, Texas.
10.2 Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
10.3 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. HelpBeam may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to HelpBeam under this Agreement must be sent to following address for such purpose. :
PO Box 9999
Prosper TX 75078
Any and all rights and remedies of HelpBeam upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on HelpBeam, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
APPENDIX A - CREATIVE COMMONS ATTRIBUTION LICENSE
Some icons used in the HelpBeam website and the HelpBeam client applications, may be derivative works of individual icons from http://www.famfamfam.com/lab/icons/silk/, and therefore distributed under the Creative Commons Attribution 2.5 License. Any use or distribution of these works must follow the guidelines specified by the license, attributing http://www.famfamfam.com/lab/icons/silk/ as the source of these works.